Planning/ Building reg breach?

S

Shaun77

Joined
17 Mar 2023
Messages
4
Reaction score
0
Country
United Kingdom
Hi all,
Last September our neighbours started construction of a large shed which they are now using to run a gym business from. After checking with the council they didn't have planning permission & a retrospective application is required for both the shed & change of use. However we are now 6 months on & neither application has been validated. A month ago the council said the applicant has been given the hurry up but now a month later still nothing.

The shed is around 30cm from our boundary, approximately 20m2 in size & made from timber with a felt roof, height wise 2.5m. Would this be considered a planning breach or a building regulation breach? If the latter I think they are trying to run the clock down so no action can be taken outside the year after construction.
 
have they declared the business to various authorities

Running a business from home

Running a business from home - insurance, business rates, expenses, tax allowances
www.gov.uk www.gov.uk

Do they have lot of people arriving to use the gym, - i suspect no deliveries

I know of a florist, many years ago, running a business from the garage - loads of deliveries , collections , caused a lot of nuisance in the small road .... just happened to be a florist who lived in the road and had a business shop locally - who took all the action, and stopped it
 
You say approx 20m2 in size. If it is less than 15m2 internal floor area it is outside building regs. Under 2.5m high it is outside planning as it is permitted development. If the timber is clad in fireproof materials, the 15m2 rule doesn't apply in this case. When you say "gym business", is it actually a gym with visitors? or are they just running a home office? It is quite possible that it is either totally legal or so close that it isn't worth enforcing a minor breach.

If it has visitors to a gym, then a different kettle of poisson - that may be enforceable.
 
Thanks for the above replies. It's more like a Personal Trainer gym which can be noisy with people coming and going at various times throughout the day & into the evening. The cladding on the shed is just painted timber & not fireproof.

We are more concerned about what it's used for & the noise/ vibration from some of the gym sessions & the lack of privacy.
 
Last edited:
I would go after the unauthorised business use and visitors rather than breach of planning/building regs.
 
have you actually informed them how loud it is ??
i helped my neighbour make a summer house it was quality and because he used 75mm rock wool was so pleased as it would allow him to drum without annoying the neighbours going by the noise insulation claims
he was really peed off when i was next door 6 ft away at the back talked as i passed and he could hear me clearly
 
big-all said:
have you actually informed them how loud it is ??
i helped my neighbour make a summer house it was quality and because he used 75mm rock wool was so pleased as it would allow him to drum without annoying the neighbours going by the noise insulation claims
he was really peed off when i was next door 6 ft away at the back talked as i passed and he could hear me clearly
Click to expand...
We have tried talking to the neighbour regarding the issues but they are far too arrogant to take much notice. Planning know about the noise etc, but say we have to wait for the retrospective planning application to go in to object. If it get's passed I guess we will have to go down the statutory noise route or move.
 
Just burn leaves in your garden each time he has a session...he'll soon be out of business
 
Just a quick update, it took until June 2023 to get a valid application & It's now over a year & we still don't have a decision from the council. In the meantime the business has been allowed to continue & the amount of customers has increased.

We have had to make material changes to our life to get some sort of peace & quiet in our home. I complained to the council a month ago about the handling of the case & got the usual fob off. How should I proceed from here or am I wasting my time ?
 
Last edited:
Either than, or speak to a solicitor and go down the legal route that the person is causing you a nuisance to stop the peaceful enjoyment of your home. You may be covered by your own home insurance if you have legal cover.
 
& we still don't have a decision from the council
Click to expand...
Perhaps make a formal complaint about a statutory nuisance to the councils own environmental health department along the lines of "we have been waiting for the outcome, but can wait no longer hence we are making this formal complaint...." and also copy in the planning department!

I would phrase the complaint about noise from a commercial business rather than a noisy neighbour
 
You must log in or register to reply here.
Back
Top